Judge: Elaine W. Mandel, Case: 22SMCV02906, Date: 2023-03-03 Tentative Ruling

Case Number: 22SMCV02906    Hearing Date: March 3, 2023    Dept: P

Tentative Ruling

Jerod Hubbard v. John Doe et al., Case No. 22SMCV02906

Hearing Date March 3, 2023

Plaintiff Hubbard’s Motion for Leave to Amend (Cal. Code Civ. Proc. §340.1)

Plaintiff Hubbard alleges sexual assaulted by a police officer in 1971, when he was under 14 years old and moves to amend to name defendant John Doe, John Doe City and John Doe Non-Profit Corporation.

Under Cal. Code of Civ. Proc. §340.1, a plaintiff over forty years old seeking to file an action for childhood sexual abuse must lodge two certificates of merit with the court, one from an attorney stating there is a reasonable meritorious cause for filing the action, and the other from a mental health practitioner stating there is a reasonable basis to believe plaintiff has been subject to childhood sexual abuse, before any defendant can be served or identified by name in a court filing.

Petitioner filed certificates of merit from Cary M. Johnson, Esq. and mental health practitioner certificates from Debra S. Borys, PHD, FABPS as to all defendants, fulfilling the requirements of §340.1. The complaint can be served and the doe defendants named. The certificates of merit will be sealed. GRANTED